Active Participation in Partisan Political Management or Campaigns Permitted (Except for Career SES, ALJs, and PHS Commissioned Corps) While Off-Duty, Off-Premises, and Without Use of Government Title, Position, or Property; Subject to Four Basic Prohibitions.

1 x No Candidacy for Partisan Elective Office
2 x No Use of Official Title, Authority, or Appropriations for Partisan Political Purposes
3 x No Solicitation, Acceptance, or Receipt of Campaign Contributions
4 x No Active Participation in Political Events Targeted at Persons or Entities with Business before the Department

NOTE: State confirmed Presidential Appointees (PAS) are exempted from the bar on political activities during duty hours and while on government premises, but the PAS remain fully subjected to the basic prohibitions at all times.

ٱ ELECTION OFFENSES AND PATRONAGE CRIMES

1 x No Use of Official Authority to Affect Outcome of Nomination or Election.
2 x No Aggravated, Coercive Political "Shakedowns" to Obtain Support or Contributions, e.g., a Promise to Provide, or a Threat to Deprive, an Individual of Government Employment, Grants, Contracts, or Other Benefits
3 x No Receipt or Solicitation of Political Contributions on Federal Property

ٱ APPROPRIATIONS LAW LIMITATIONS

x No Use of Appropriated Funds for Political Purposes, including Speech Writing and Travel

Factors to Determine Status of Events

* Source of Invitation * Sponsor or Planner * Purpose * Timing * Location * Attendees

ٱ FEDERAL EMPLOYEES IN DESIGNATED LOCALITIES

Designed Localities-certain Washington, D.C., Suburbs (but not the District of Columbia itself) and Specified Communities in Seven Other States, AK, AZ, CA, IN, TN, & WA

Maryland: Annapolis, Anne Arundel County, Berwyn Heights, Bethesda, Bladensburg, Bowie Brentwood, Calvert County, Capitol Heights, Cheverly, Chevy Chase, Martin Additions I , 2, 3, and 4, Chevy Chase section I , 2, 3, and 4, Chevy Chase View, College Park, Cottage City, District Heights, Edmonston, Fairmont Heights, Forest Heights, Fredrick County, Garrett Park, Glenarden Glen Echo, Greenbelt, Howard County, Hyattsville, Kensington, Landover Hills, Montgomery County, Morningside, Mount Ranier, New Carrollton, North Beach, North Brentwood, North Chevy Chase, Northwest Park, Prince Georges County, Riverdale, Rockville, Seat Pleasant, Somerset, Takoma Park, University Park, Washington Grove, Saint Mary’s County

Virginia: Alexandria, Arlington County, Clifton, Fairfax County, Town of Fairfax, Falls Church, Herndon, Loudon County, Manassas, Manassas Park, Portsmouth, Prince William County, Vienna, Spotsylvania County, Stafford County

Other States: Anchorage, AK; Benecia, CA; Bremerton, WA; Centerville, GA; Crane, IN; Elmer City, WA; Huachuca City, AZ; New Johnsonville, TN; Norris, TN; Port Orchard, WA; Sierra Vista, AZ; Warner Robins, GA.

Resident Federal Employees:

MAY run as independent candidates for local partisan elective office, but outside these areas, federal employees may be candidates only in nonpartisan races;

MAY solicit, accept or receive political contributions or uncompensated volunteer services as, or on behalf of, an independent candidate for partisan political office on the designated locality;

MAY accept or receive political contributions on behalf of local candidates who represent political parties, but they may not solicit funds on their behalf.

CAUTION: These employees remain subject to time, place, and manner restrictions governing other federal employees i.e., political activities must occur off-duty; off-premises: and without an indication of a governmental connection. In addition, candidacy for the office cannot result in neglect, or interfere with the performance of an employees duties or create a real or apparent conflict of interest. 

ٱ ANTI-LOBBYING

1  Anti-Lobbying Act. 18 U.S.C. §1913

x No Use of Appropriated Funds >$50,000 to Engage in Substantial "Grass Roots" Lobbying Campaign of Telegrams, Letters, and other Private Forms of Communication Expressly Asking Recipients to Contact Members of Congress, in Support of or in Opposition to Pending Legislation.

 Permitted Activities
*Direct Communications to Congress
* Public Speeches, Appearances, and Published Writings by Senate Confirmed Presidential Appointees (PAS) that Support Administration or Department Positions *Lobbying Efforts related to Nominations or Treaties

CAUTION: Although not specifically required by the Anti-Lobbying Act, federal employees other than PAS officials should not expressly urge citizens to contact Congress in support of or opposition to pending legislation.

2 HHS Appropriations Act -- “Publicity or Propaganda” Riders

x No Use of Appropriated Funds to: (1) Provide Administrative Support for the Lobbying Activities of Private Organizations; (2) Prepare Editorials or other Communications for Dissemination without an Accurate Disclosure of the Government Role in its Origin; (3) Appeal to Members of the Public to Contact their Elected Representatives at the Federal or State level in Support of or Opposition to proposals before Congress or a State Legislature.

NOTE: Federal employees retain a right as recognized by 5 U.S.C.§7211, to petition Congress, provided the individuals act in a personal capacity on behalf of outside persons or organizations. The anti Representation statutes 18 U.S.C.§ 203,205 do not bar lobbying activities directed to Congress. The employee should provide a disclaimer which indicates that the views expressed are those of the employee or others and do not necessarily reflect the position of the individual's employing agency.

ٱ STATE AND LOCAL HATCH ACT

State and Local Government Employees in Executive Branch Agencies Principally Employed in Programs Financed by Federal Grants or Loans

Head Start Agency Employees Community Service Block Grant Employees

Subject to the Following Prohibitions:

1 x No Candidacy for Partisan Elective Office
2 x No Use of Official Authority or Influence To Affect Outcome of Nomination or Election
3 x No Coercion of Campaign Contributions from Subordinates

Permitted Activities:

MAY be a candidate for public office only in a nonpartisan race;

MAY campaign for and hold elective office in political clubs and organizations;

MAY actively campaign for candidates for public office in both partisan and nonpartisan elections;

MAY contribute money to political organizations or attend political fundraising functions;

MAY participate in any activity not specifically prohibited by law or regulation.

CAUTION: State and local government employees may be subject to additional restrictions on political activity under State law.

Office of the General Counsel
Ethics Division
Department of Health and Human Services

Room 700-E, Hubert H. Humphrey Building
200 Independence Avenue, S.W.
Washington, D.C. 20201
(202) 690-7258

March 2002